STEEL AUTHORITY OF INDIA Vs. RAMJANALI

JUDGEMENT

(1.) PLAINTIFF has preferred this appeal under section 96 of the Code of Civil Procedure against the judgment and decree dt. 10th March, 1996 passed by the Third Addl. District Judge, Durg in civil suit No. 7 -N/93 whereby the suit filed by the plaintiff has been dismissed on the ground that the plaintiff did not produce any evidence in support of its case. Plaintiff filed a suit for declaration that it is the owner of the property mentioned in the schedule of the plaint and the defendant has no right, title and interest over the same. Plaintiff further prayed for quashing of the order dt. 9.12.92 passed in Criminal case No. 560/91 which inter alia directs for disposal of the property in favour of the defendant.

(2.) WHEN the matter came up before the trial Court on 18.3.96 an application on behalf of the plaintiff was filed for adjournment of the case, to bring the witness. The aforesaid prayer was made on the ground that the plaintiff s witnesses are engaged in official work. The aforesaid application of the plaintiff was rejected and ultimately the suit was dismissed. Shri Kale appearing on behalf of the appellant submits that the reasoning of the learned Judge was greatly clouded that he proceeded on the assumption that the plaintiff did not produce the witness on 17.4.95, 4.8.95, 2.11.95 and 8.1.1996. Shri Tiwari, however, appearing on behalf of the respondent submits that the suit itself being not maintainable, no useful purpose shall be served in setting aside the impugned judgment and decree and remitting back the matter for trial.

(3.) IN the result, the appeal is allowed, the judgment and decree of the trial Court is set aside and the matter is remitted to the trial Court for consideration in accordance with law within the aforesaid time -frame. Respondent shall be entitled for cost of this appeal. Counsel fee Rs. 500/ -. Let the records be sent down immediately.